Indeterminate Sentence Law/Probation Law

INDETERMINATE SENTENCE LAW

(Act No. 4103, as amended, Dec. 5, 1933)
The purpose of the law is to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of personal liberty and economic usefulness.
(People v. Onate, 78 SCRA 43) As a rule, it is intended to favor the accused
particularly to shorten his term of imprisonment, depending upon his behavior and
his physical, mental, and moral record as a prisoner to be determined by the Board
of Indeterminate Sentence.
Indeterminate sentence is a sentence with a minimum term and a maximum benefit
of a guilty person, who is not disqualified therefore, when the maximum penalty of
imprisonment exceeds one year. It applies to both violations of the RPC and special
laws.
COVERAGE:
1. Revised Penal Code
The court shall sentence the accused to an indeterminate sentence the
MAXIMUM TERM of which shall be that which, in view of the attending
circumstances, could be properly imposed under the Code, and the MINIMUM TERM
which shall be within the range of the penalty next lower in degree to that
prescribed by the Code for the offense.
The maximum is the penalty imposed as provided by law, depending upon the
attending circumstances. The minimum is one degree next lower to the penalty
prescribed for the offense. The latter is determined without considering the
attending circumstances to the penalty prescribed, and is left to the discretion of
the court. (People v. Yco, 6545, July 27, 1954)
Example: Homicide with one mitigating circumstance. The maximum penalty
prescribed by law is Reclusion temporal. Since there is one mitigating and no
aggravating it will be in the minimum or reclusion temporal minimum period. On
the other hand, the minimum is one degree next lower to reclusion temporal
without considering the mitigating circumstance and that will be prision mayor. The
range of prision mayor will depend upon the discretion of the court. Therefore, the
indeterminate penalty is a minimum of prision mayor (within the range fixed by the
court) to a maximum of reclusion temporal minimum period.
2. Special Law

The court shall sentence the accused to an indeterminate sentence, the MAXIMUM
TERM of which shall not exceed the maximum fixed by said law and the minimum
shall not be less than the MINIMUM TERM prescribed by the same. (Q11, 1994 Bar)
Example: Penalty is one year to 5 years. Indeterminate sentence may be one year
to 3 years or 3 years to 5 years.
This act shall not apply to persons:
1. Convicted of offenses punished with death or life imprisonment. (Q12, 1990 Bar)
2. Those convicted of treason, conspiracy or proposal to commit treason, misprision
of treason, rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.
Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla, 28547,
Feb. 22, 1974)
4. Those who shall have escaped from confinement or evaded sentence.
A minor who escaped from confinement in the reformatory is entitled to the benefits
of the law because confinement is not considered imprisonment. (People v. Perez,
44 OG 3884) (Q6, 1991 Bar)
5. Those who having been granted conditional pardon by the President shall have
violated the terms thereof.
6. Those whose maximum period of imprisonment does not exceed one year. (Q8,
1999 Bar)
The application of which is based upon the penalty actually imposed in accordance
with law. (People v. Hidalgo, 452, Jan. 22, 1962)
7. Those already serving final judgment upon the approval of this Act (December 5,
1933).
8. Those sentenced to the penalty of destierro or suspension. (Q12, 1999 Bar)
Whenever any prisoner who shall have served the minimum penalty imposed on
him, said Board of Indeterminate Sentence may, in its discretion, and in accordance
with the rules and regulations adopted thereunder, authorize the release of such
prisoner on parole. If during the period of surveillance, such parolee shall show
himself to be a law-abiding citizen and shall not violate any of the laws of the
Philippines, the Board may issue a final certificate of release in his favor. Whenever
any prisoner released on parole shall, during the period of surveillance, violate
any of the conditions of his parole, the Board may issue an order for his re-arrest
and shall serve the remaining unexpired portion of the maximum sentence.

The application of the Indeterminate Sentence Law is mandatory if the

imprisonment would exceed one year. It would be favorable to the accused. (People
v. Judge German Lee, Jr., 86859, Sept. 12, 1984)
PROBATION LAW
(PD 968, as amended, July 24, 1976)
Probation is a disposition, under which a defendant after conviction and sentence, is
released subject to the conditions imposed by the Court and to the supervision of a
probation officer.
The purpose of the law are:
1. Promote the correction and rehabilitation by providing the offender with
individualized treatment.
2. Provide an opportunity for the reformation of an offender which might be less
probable if he were to serve a prison sentence.
3. Prevent the commission of offenses.
The trial court may, after it shall have convicted and sentenced a defendant, and
upon application by said defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the defendant on
probation. No application for probation shall be entertained or granted if the
defendant has perfected an appeal from the judgment of conviction. (PD 1990) In
other words, the filing of the application for probation is considered as a waiver of
the right of the accused to appeal. (Q9, 1992 Bar)
An application for probation shall be filed with the trial court. The filing of the
application shall be deemed a waiver of the right to appeal. An order granting or
denying probation shall not be appealable. However, an outright denial by the court
is a nullity correctible by certiorari. (De Luna v. Hon. Medina, CA 78 OG 599) An
accused must fall within any one of the disqualification in order to be denied
probation. (Balleta v. Leviste, 92 SCRA 719) (Q13, 1991 Bar)
The disqualified offenders are:
1. Sentenced to serve a maximum term of imprisonment of more than 6 years.
A penalty of six years and one day is not entitled to the benefits of the law. (Q3,
1995 Bar; Q12, 1990 Bar) In Francisco v. CA, 243 SCRA 384, the Supreme Court
held that in case of one decision imposing multiple prison terms, the totality of the
prison terms should not be taken into account for the purposes of determining the
eligibility of the accused for the probation. The law uses the word maximum
term, and not total term. It is enough that each of the prison term does not exceed
6 years. The number of offenses is immaterial for as long as the penalties imposed,

when taken individually and separately, are within the probationable period. (Q9,
1997 Bar)
2. Convicted of any crime against the national security (treason, espionage, piracy,
etc.) or the public order (rebellion, sedition, direct assault, resistance, etc.).
3. Who have been previously convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less
than P 200. (Q2, 1993 Bar)
4. Who have been once on probation.
5. Who are already serving sentence at the time of the effectivity of the Decree.
Except for the reasons specified by the law, a trial court should not deny a petition
for probation, especially when the probation officer has favorably recommended
the grant of probation.
Even if at the time of conviction the accused was qualified for probation but at the
time of his application for probation, he is no longer qualified, he is not entitled to
probation. The qualification for probation must be determined as of the time the
application is filed in court. (Bernardo v. Judge Balagot, 86561, Nov. 10, 1992)
Supposing, an accused was convicted of a crime for which he was sentenced to a
maximum sentence of 10 years. While affirming the judgment of conviction, the
appellate court reduced the penalty to a maximum of 4 years and 4 months taking
into consideration certain modifying circumstances. The accused now applies for
probation. In this case, the accused is not entitled to probation. The law and
jurisprudence are to the effect that appeal by the accused from a sentence of
conviction forfeits his right to probation. (Bernardo v. Balagot, supra; Francisco v.
CA; De la Cruz v. Judge Callejo) (Q3, 1995 Bar; Q17, 1994 Bar)

The probationer shall:

1. Present himself to the probation officer within 72 hours from receipt of probation
order.
2. Report himself to the probation officer at least once a month during the period of
probation.
The court, after considering the nature and seriousness of the violations of
probation (if any), may issue a warrant for the arrest of the probationer. He is then
brought to the court immediately for hearing, which is summary. If violation is
established, the Court may revoke or continue the probation and modify the
conditions thereof. If revoked, the probationer shall be ordered to serve the

sentence originally imposed and shall commit the probationer. The order of the
court is not appealable.
A final discharge of probation shall operate to restore to the probationer all civil
rights lost or suspended as a result of the conviction and to full discharge of his
liability for any fine imposed. Under the Probation Law what is suspended is the
execution of the sentence, while under PD 603, as amended, what is suspended is
the pronouncement of the sentence upon request of the youthful offender. The
suspension of the sentence, however, has no bearing on the civil liability, which is
separate and distinct from the criminal action. (Budlong v. Apalisok, 22 SCRA 935)
The provisions of the Probation Law should be liberally construed in order that the
objective should be realized and achieved. (Santos v. Hon. Pano, 55130, Jan. 17,
1983) In probation, the imposition of the sentence is suspended and likewise its
accessory penalties are likewise suspended. An order placing the defendant on
probation is not a sentence but is rather in effect a suspension of the imposition of
the sentence. It is not a final judgment but is rather an interlocutory judgment in
the nature of the a conditional order placing the convicted defendant under the
supervision of the court for his reformation. (Baclayon v. Hon. Mutia, 129 SCRA 148